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Charlotte, NC

M&A Terms

The Confidentiality Myth

When it comes time to sell the company, a seller’s prime concern is one of confidentiality. Owners are afraid that “if the word gets out” they will lose employees, customers and suppliers. Not to downplay confidentiality, but these incidents seldom happen if the process is properly managed.

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Using Retirement Funds to Purchase a Business

What is Retirement Asset Funding?  The use of retirement assets [401K, SEP, IRA] for the cash to fund the purchase a business to operate and grow is known as Retirement Asset Funding.

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What’s a Non-Disclosure Agreement?

A Non-Disclosure Agreement (NDA) is also referred to as a Confidentiality Agreement. With reference to a Mergers & Acquisitions transaction, an NDA is usually executed by a prospective buyer prior to receiving a Confidential Business Memorandum/Review (CBM) in a sale process. In a less common circumstance, an NDA can also be executed by a seller after the closing of an acquisition to ensure that the details of the transaction are not disclosed to the marketplace.

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